An Bord Bia Act, 1994
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Powers of authorised officers. |
41.—(1) In this section “authorised officer” means a person authorised in writing by the Board or, pursuant to subsection (6), by the Minister to exercise the powers conferred by this section. | |
(2) A person authorised by the Board or the Minister under this section shall be issued with a warrant of appointment by the Board or the Minister as the case may be and when exercising any function conferred on the person as an authorised officer such person shall, if requested by a person affected, produce the warrant to that person. | ||
(3) A warrant of appointment issued by the Board shall contain a full-face photograph or any other full-face image of the person concerned which is in the nature of a photograph, whether produced electronically or otherwise, and shall indicate that it is also an identity document. | ||
(4) The provisions of section 17 of the Animal Remedies Act, 1993 , shall apply in relation to the production of a warrant of appointment or identity document by a person authorised by the Minister under this section. | ||
(5) An authorised officer may, for the purpose of obtaining any information that is necessary or expedient for the purposes of the charging and levying by, and the payment to, the Board of levy or of ascertaining whether the provisions of this Act are being complied with, on production of the officer's authorization, if so required— | ||
(a) at all reasonable times enter premises where the officer reasonably believes that a person liable to pay levy carries on the business of the export of meat or livestock or the slaughter of livestock or keeps records relating to such a business, | ||
(b) inspect the premises, search for any records relating to levy or the business of the slaughter or export of meat or livestock, | ||
(c) enter and inspect any vehicle used for the transport of livestock, | ||
(d) require any person found on the premises or in charge of the vehicle to produce to the officer any records and, in the case of such records in a non-legible form (including records in a computer) to produce it in a legible form and take copies of or extracts from or remove and retain any such records, for such period as may be reasonable for their examination or for the purposes of any proceedings in relation to an offence, or the recovery of levy payable, under this Act, and | ||
(e) require any such person to give to the officer such information as the officer may reasonably require in relation to any business carried on on the premises or in relation to the vehicle and any such records as aforesaid. | ||
(6) The powers of entering and inspecting vehicles and of exercising functions in relation to vehicles shall only be exercised by an officer authorised by the Minister. | ||
(7) A person who obstructs or impedes an authorised officer in the exercise of a power or who, without reasonable excuse, does not comply with a requirement under this section, or who in purported compliance with such a requirement gives information to an authorised officer which that person knows to be false or misleading in a material respect shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. | ||
(8) An offence under this section may be brought and prosecuted by the Minister or the Board. |